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Duffins Rouge Agricultural Preserve Act, 2005, S.O. 2005, c. 30

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Duffins Rouge Agricultural Preserve Act, 2005

S.o. 2005, chapter 30

Note: This Act was repealed on December 15, 2022. (See: 2022, c. 24, Sched. 2, s. 6)

Last amendment: 2022, c. 24, Sched. 2, s. 6.

Legislative History: 2022, c. 24, Sched. 2, s. 6.

Definition

1 In this Act,

“person” includes the Crown and its employees and agents, members of the Executive Council and conservation bodies as defined in subsection 3 (1) of the Conservation Land Act and their employees and agents.  2005, c. 30, s. 1.

Releases rescinded

2 (1) The following shall be deemed to be valid despite any agreement, instrument registered against the affected land or court order to the contrary:

1. All easements that an owner of land granted or purportedly granted to a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.

2. All covenants that an owner of land entered into or purportedly entered into with a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.  2005, c. 30, s. 2 (1).

Registration of notice

(2) The Minister under the Conservation Land Act may register a notice of this section against the affected land in the proper land registry office.  2005, c. 30, s. 2 (2).

Limitations on remedies

3 (1) No cause of action arises as a direct or indirect result of,

(a) the enactment or repeal of any provision of this Act;

(b) anything done or not done in accordance with this Act.  2005, c. 30, s. 3 (1).

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything mentioned in subsection (1).  2005, c. 30, s. 3 (2).

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything mentioned in subsection (1) may be brought or maintained against any person.  2005, c. 30, s. 3 (3).

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.  2005, c. 30, s. 3 (4).

Proceedings set aside

(5) Any proceeding mentioned in subsection (3) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force.  2005, c. 30, s. 3 (5).

No expropriation or injurious affection

(6) Nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.  2005, c. 30, s. 3 (6).

4 Omitted (amends or repeals other Acts).  2005, c. 30, s. 4.

5 Omitted (provides for coming into force of provisions of this Act).  2005, c. 30, s. 5.

6 Omitted (enacts short title of this Act).  2005, c. 30, s. 6.

Schedule 1

Those lands in the City of Pickering, in The Regional Municipality of Durham, in the Province of Ontario, that are outlined in red on map number 210 identified by the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.  2005, c. 30, Sched. 1.

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